A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.

JUDICIAL: Labor

In SERGIO TIJERINA-SALAZAR, Plaintiff, v. FERMIN VENEGAS, III, et al., Defendants. Additional Party Names: Fermin Venegas Shearing, Inc., Venegas Contractors, Inc., No. PE:19-CV-00074-DC, 2022 WL 1927007 (W.D. Tex. June 3, 2022), the court had to consider what whether plaintiff was hired to perform non-agricultural work and whether defendant violated the FLSA or RICO. The court examined the definitions of “agricultural,” “on a farm,” and “incident to or in conjunction with,” in order to assess whether the type of work plaintiff performed would be considered agricultural work. The court found that material issues of fact existed as to whether plaintiff’s maintenance repair work on the equipment and vehicles used in connection with the defendant’s fencing and shearing operation was agricultural. The court also found that because material issues of fact existed as to whether plaintiff’s work was considered agricultural, plaintiff’s claims of RICO and FLSA violations could not be dismissed. The court denied the defendant’s motions for summary judgment.

REGULATORY: AMS, CCC, FWS, NOAA

AGRICULTURAL MARKETING SERVICE

Proposed rule seeking comments and information to inform policy development and future rulemaking proposals regarding the use of poultry grower ranking systems commonly known as tournaments in contract poultry production. Info here.

Proposed rule soliciting comments on proposed revisions to the regulations under the Packers and Stockyards Act, 1921. The proposal would revise the list of disclosures and information live poultry dealers must furnish to poultry growers and sellers with whom dealers make poultry growing arrangements. Info here.

COMMODITY CREDIT CORPORATION

Notice seeking public responses to better inform CCC’s understanding and oversight of climate-related financial risk as pertinent to the derivatives markets and underlying commodities markets. Info here.

FISH AND WILDLIFE SERVICE

Notice announcing that the Kauai Island Utility Cooperative is preparing a habitat conservation plan in support of its anticipated application for an incidental take permit under the Endangered Species Act for activities it would undertake in managing existing and future powerlines and lighting. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Final rule announcing the approval of Amendment 48 to the Fishery Management Plan (FMP) for Reef Fish Resources of the Gulf of Mexico and Amendment 5 to the FMP for the Red Drum Fishery of the Gulf of Mexico, which are combined in a single document as submitted by the Gulf of Mexico Fishery Management Council. Info here.

Notice announcing that NOAA added the Alaĝum Kanuux (Heart of the Ocean) sanctuary nomination to the inventory of national marine sanctuaries. Info here.